Rule 25a - Child Protection Investigation(a)Administrative order regarding investigation. - Upon receiving a written referral of possible child abuse and neglect from a family court pursuant to Rule 48(b) of the Rules of Practice and Procedure for Family Courts, a circuit court shall forthwith cause to be entered and served an administrative order in the name of and regarding the affected child or children directing the department of health and human resources to submit to the court an investigation report or appear before the court in not more than forty-five (45) days, at a scheduled hearing, to show cause why the department's investigation report has not been submitted to the circuit court and referring family court. If a circuit court, based upon a review of the written referral from family court, determines that the allegations or other information present reason to believe a child may be in imminent danger, the circuit court may shorten the time for the department to act upon the referral and appear before the circuit court. The scheduled hearing may be mooted by the department's earlier submission of the investigation report or, in the alternative, the filing of an abuse and neglect petition under Chapter 49 of the West Virginia Code relating to the matters which were the subject of the family court referral and circuit court administrative order. The duties of the department under this rule shall be in addition to the department's obligations pursuant to W. Va. Code § 49-6A-2a regarding notification of disposition to persons mandated to report suspected child abuse and neglect. (b)Mandamus relief. - Following review of an investigation report in which the department concludes that a child abuse and neglect petition is unnecessary, if the circuit court believes that the information in the family court's written referral and the department's investigation report, considered together, suggest circumstances upon which the department would have a duty to file such a petition, the court shall treat the written referral as a petition for a writ of mandamus in the name of and regarding the affected child or children. A show-cause order shall issue by the court setting a prompt hearing to determine whether the respondent department has a duty to file a child abuse and neglect petition under the particular circumstances set forth in the written referral and investigation report. If it is determined by the court that the department has a nondiscretionary duty pursuant to W. Va. Code § 49-6-5b to file a petition seeking to terminate parental rights, the department shall be directed by writ to file a child abuse and neglect petition within a time period set by the court. If it is determined that the circumstances bring the filing decision within the department's discretionary authority, no such writ shall issue unless the court specifically finds aggravated circumstances, consistent with the meaning and usage of that term in W. Va. Code § 49-6-3(d)(1), and that the department acted arbitrarily and capriciously in the exercise of its discretion. (c)Service and notice. - Orders issued pursuant to this rule shall be served on the department by mail or facsimile transmission directed to the department's local child protective services office. Copies of such orders shall also be delivered to the prosecuting attorney. (d)Confidentiality. - All orders and other documents pertaining to matters arising under this rule, and docket entries regarding the same, shall be treated as confidential records concerning a child consistent with W. Va. Code § 49-7-1; and any hearings conducted pursuant to this rule may be attended by those persons provided notice under subsection (c) above, but shall be closed to the general public except that persons whom the circuit court determines have a legitimate interest in the proceedings may attend. If the case in family court that gave rise to the referral to the department was a domestic violence proceeding, staff from any involved licensed family protection program is entitled access to circuit court proceedings under this rule to the same extent such access is afforded under statutes and rules pertaining to domestic violence proceedings. (e)Abuse and neglect co-petitions for child protection. - The petitioner for the protective order may appear as a co-petitioner on the child abuse and neglect petition filed by the department pursuant to W. Va. Code § 49-6-1, et seq., if both so agree. Nothing herein shall be construed as either a requirement that the petitioner for the protective order be a co-petitioner under W. Va. Code § 49-6-1, et seq., or a prohibition against the filing of a petition pursuant to W. Va. Code § 49-6-1, et seq. by the petitioner for the protective order should the department show cause why it will not file such a petition. (f)Transfer of Administrative Proceedings. - Within ten (10) days following service of an administrative order issued by a circuit court pursuant to subdivision (a), the department may file a motion with the issuing court seeking transfer of the administrative proceedings to the circuit court of another county based upon reasons relating to a more appropriate venue for the administrative proceedings and any abuse and neglect case which may result from such proceedings. Unless the court finds the basis for the motion to be clearly unreasonable under the particular circumstances presented, the administrative proceedings shall be transferred as requested. If the administrative proceedings are transferred, the department's obligations pursuant to W. Va. Code § 49-6A-2a and Rule 48(c) of the Rules of Practice and Procedure for Family Court regarding the investigation and providing a copy of any investigative report remain applicable to the referring family court. The circuit clerk shall send certified copies of the order granting or denying the transfer motion to the referring family court and the prosecuting attorney. If the order grants the motion, certified copies shall also be sent to the circuit court and prosecuting attorney in the county where the administrative proceeding is transferred. W. Va. R. Prac. & P. Dom. Viol. 25a